IN THE CASE OF:	

		BOARD DATE:	22 March 2011

		DOCKET NUMBER:  AR20100023048 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in the Republic of Vietnam (RVN).

2.  The applicant states he shipped to Thailand but his company hauled supplies all over Vietnam.

3.  The applicant provides copies of:

* a letter from Headquarters, 25th Infantry Division, Schofield Barracks, HI, dated 5 April 2010
* a self-authored letter to the Commander, 25th Infantry Division, dated
25 January 2010
* several pages of photographs
* his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) for the period ending 27 March 1963
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2001
* his DA Form 24 (Service Records) covering his period of service from
7 April 1960 through 27 March 1963
* Unit orders promoting him to Private First Class (PFC)/E-3
* Special orders reassigning him to U.S. Army Reserve (USAR) Control Group (Reinforcement), VI U.S. Army Corps, Battle Creek, MI to complete his Reserve obligation
* Special orders announcing his reassignment to the XI U.S. Army Control Group (Reinforcement)
* Orders honorably discharging him from the USAR Control Group (Standby), by reason of expiration of term of service, effective 31 March 1966
* a Letter of Appreciation from the commander of Company A, 33d Transportation Battalion, dated 4 March 1963
* a letter from the commander of Company A, 33d Transportation Battalion, dated 5 March 1963, attesting to the applicant's performance of duty
* a Certificate of Training for successfully completing the Wheeled Vehicle Mechanics Course, dated 9 June 1961
* Letter Order, issued by the Office of The Adjutant General, U.S. Army Administration Center, St. Louis, MO, honorably discharging him from the USAR Control Group (Standby) at the expiration of his term of service, effective 31 March 1966

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is a retired sergeant first class (SFC) E-7.

3.  His DA Form 24 shows in:

	a.  Section 4 (Chronological Record of Military Service) he was assigned to the 33d Transportation Battalion from 1 September 1960 to 19 March 1963.  This section further shows he was attached to Headquarters and Headquarters Company, 1st Brigade 35th Infantry, from 28 August 1962 to 3 December 1962.

	b.  Section 5 (Service Outside Continental United States) he:


		(1)  departed Travis Air Force Base (AFB), CA on 27 August 1960 and arrived at Hickam AFB, HI on 28 August 1960; 

		(2) departed Hickam AFB on 31 August 1962 and arrived in Korat, Thailand, on 2 September 1962; and 

		(3)  departed Korat, Thailand on 4 December 1962 and arrived at Hickam AFB on 4 December 1962.

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in item 5 (Overseas Service) that he was assigned in Hawaii from 26 August 1960 through 27 March 1963.

5.  His DD Form 214 for the period ending 27 March 1963 shows in item 24c (Foreign and/or Sea Service) the entry "USARPAC [U.S. Army Pacific] - 2  7  1," indicating he completed 2 years, 7 months, and 1 day of foreign service during this period of service.
 
6.  The applicant sent a letter to the 25th Infantry Division in which he described some of his experiences when he was in Thailand in 1962.  His unit hauled supplies from Thailand to units in Vietnam, delivering supplies and measuring bridges and roads.  He states they were escorted by 15 Soldiers from the
35th Infantry.  The Deputy Chief of Staff, G1, 25th Infantry Division responded to the applicant on 5 April 2010.  In her letter she stated that the applicant's unit, the 33d Transportation Company, was, in fact, a part of the 25th Infantry Division during the period the applicant states.  The letter did not verify that his unit served in Vietnam; however, he was referred to this Board to determine if he was entitled to Vietnam credit.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  This regulation did not provide for entry of temporary duty assignments on the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  


Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant served in Hawaii from 26 August 1960 to 27 March 1963 and in Thailand from 2 September 1962 to
4 December 1962.  This foreign service is correctly reflected in item 24c of his DD Form 214 for the period ending 27 March 1963.

2.  The applicant has not provided any evidence to support his contention that his record should be corrected to show his service in Vietnam.  The documents he provided show his service in Hawaii and Thailand, but not Vietnam.

3.  Additionally, in order to qualify for the Vietnam Service Medal [which would indicate Vietnam service credit] the applicant must have served in direct support of operations in Vietnam while assigned to Thailand.  There is no evidence of record and he has not provided any evidence to show he actually entered Vietnam.  Therefore, there is insufficient evidence upon which to base any change of the applicant's DD Form 214 pertaining to foreign service performed in Vietnam.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100021247



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ABCMR Record of Proceedings (cont)                                         AR20100023048



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